Fitness to Stand Trial in the New Zealand Youth Court: Characterising Court-Ordered Competence Assessments

Abstract

Characteristics of young people referred for assessment by Forensic Mental Health Services are infrequently studied, particularly in Australasia. International literature must be treated with caution, as the legal context varies greatly between jurisdictions. Over one year, a total of 366 individuals between the ages of 12 and 17 were referred to the Regional Youth Forensic Service (RYFS) in Auckland for assessment. Formal reports were requested in one-third of these referrals (n = 119, 33.5%). Only a small number of youth were opined unfit to stand trial (14); 50% of these were not engaged in education. The most common diagnosis amongst those opined unfit to stand trial was mental retardation. A proportion of those opined unfit to stand trial did not receive a diagnosis of any mental disorder – in these cases the young persons concerned had difficulties including cognitive and developmental immaturity.